Legal Opinion
Resolution Trust Corp. v. Fragetti
Court of Appeals for the Eleventh Circuit
Decided April 11, 1995No. Nos. 93-3303, 93-4622, 94-4030, 94-4037, 94-4038 and 94-4039PublishedCited by 6 opinions
1Opinion of the Court
CARNES, Circuit Judge:
This is a consolidated appeal from district court orders remanding these six cases back to state court. The issue in each case is whether the district courts’ decisions that the removal in each case had been untimely are erroneous in light of a 1991 amendment to the removal provision of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 12 U.S.C.A. § 1441a(i )(3)(B) (Supp.1994). We hold that these decisions are erroneous, and therefore reverse.
I
In 1992, Carteret Savings Bank, F.A. (“Carteret”) filed mortgage foreclosure suits in state court against…
2Cases cited15 opinions
- Mertens v. Hewitt AssociatesSupreme Court of the United States · 1993
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Felder v. CaseySupreme Court of the United States · 1988
- West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
- Estate of Cowart v. Nicklos Drilling Co.Supreme Court of the United States · 1992
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3Cited by6 opinions
- Leszczynski v. Allianz InsuranceDistrict Court, S.D. Florida · 1997
- District 65 Retirement Trust for Members of the Bureau of Wholesale Sales Representatives v. Prudential Securities, Inc.District Court, N.D. Georgia · 1996
- In Re CoburnUnited States Bankruptcy Court, M.D. Florida · 1999
- Penzer v. Transportation InsuranceDistrict Court, S.D. Florida · 2007
- Resolution Trust Corporation, as Conservator of Carteret Federal Savings Bank, F.A., Plaintiff-Counterclaim-Defendant-Appellant v. Thomas Fragetti Diane Fragetti, Defendants-Counterclaim-Plaintiffs-Appellees, John Doe Jane Doe, Resolution Trust Corporation, as Conservator of Carteret Savings Bank, F.A. And as Receiver of Carteret Savings Bank, F.A. v. Joseph MacChitelli Husband, Francine MacChitelli Wife, Resolution Trust Corporation, in Its Capacity as Conservator of Carteret Federal Savings Bank, F.A. And Its Capacity as Receiver of Carteret Savings Bank, F.A. v. Kazuyuki Kameda, Taneko Kameda, Evergreen at Port St. Lucie Condominium Association, Inc., a Florida Corporation, John Doe and Jane Doe, His Wife or Her Husband, if She or He Are Married, Resolution Trust Corporation, in Its Capacity as Conservator of Carteret Federal Savings Bank, F.A. And in Its Capacity as Receiver of Carteret Savings Bank, F.A. v. Milagros B. Adarna, John Doe and Jane Doe, His Wife or Her Husband, if She or He Are Married, Resolution Trust Corporation, in Its Capacity as Conservator of Carteret Federal Savings Bank, F.A. And in Its Capacity as Receiver of Carteret Savings Bank, F.A. v. Vince Malorni Ruth Malorni Evergreen at Port St. Lucie Condominium Association, Inc., a Florida Corporation, Resolution Trust Corporation, in Its Capacity as Conservator of Carteret Federal Savings Bank, F.A. And in Its Capacity as Receiver of Carteret Savings Bank, F.A. v. Bertie Lowe, Millicent LoweCourt of Appeals for the Eleventh Circuit · 1995
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